Category Archives: DUI
The Role of Breathalyzer and Blood Test Results in Florida DUI Cases
Facing a driving under the influence (DUI) charge in Florida is not something to take lightly. A DUI conviction can result in significant penalties. Central to Florida DUI cases are the results of breathalyzer and blood tests. Breathalyzer and blood test results can serve as critical evidence in a Florida DUI case. Understanding how… Read More »
What Are the Consequences of a Second DUI in Florida?
In Florida, a DUI offense can have serious consequences. The consequences get even more severe when you are charged the second time. Florida’s strict laws are meant to deter repeat offenders and protect the public. If you face a second DUI charge in Florida, you should contact an experienced DUI attorney without delay. Below,… Read More »
Does Suspicion of DUI Create an “Exigent Circumstance” in Florida?
There are certain emergency situations where a police officer may conduct a warrantless search in connection with a criminal investigation. A common example of such “exigent circumstances” is where police believe that a suspect is about to destroy potential evidence–e.g., flushing drugs down the toilet–so an immediate entry is justified even if the officers… Read More »
Can a Florida Prosecutor “Comment” on Your Right to Remain Silent?
In any criminal proceeding, the federal and Florida state constitutions guarantee your right to remain silent. This means you do not have to testify at your own trial. It also means that if you do so, the jury is not allowed to assume or infer your guilt based on your decision to remain silent…. Read More »
Does the Severity of a DUI Accident Victim’s Injuries Matter in Criminal Sentencing?
In Florida felony cases, judges must follow the Criminal Punishment Code (CPC) when sentencing a defendant. The CPC creates a scoring system that assigns points for a number of different variables. For example, each specific felony offense has an “offense level” between a 1 and 10. Each level carries a different number of “points.”… Read More »
Can a Florida Police Officer Demand You Take a Breath Test Outside of Their Jurisdiction?
Florida courts have long recognized the “color of office” rule. Basically, this rule provides that a police officer cannot use the appearance of official power in a jurisdiction where they have no such power. The rule dates back to a 1962 case, Collins v. State, where two West Palm Beach police officers illegally conducted… Read More »
Is a Florida Police Officer’s Testimony Enough to Support a DUI Arrest?
“Reasonable suspicion” is the legal standard a police officer must meet to initiate a DUI investigation under Florida law. Specifically, an officer must have reasonable suspicion that a driver’s normal faculties are “impaired” due to the use of alcohol or drugs. What is “reasonable” will depend on the circumstances. Speeding Justified Traffic Stop, Subsequent… Read More »
Could Expunging Your DUI Arrest Prevent You From Filing a Civil Rights Lawsuit?
A drunk driving arrest carries a social stigma even when the suspect is never formally charged or convicted. So if you have been falsely accused of DUI, you should know that it is possible to have the records of your arrest destroyed. Florida’s expungement law permits an individual to ask a court to order… Read More »
What Happens to My Auto Insurance Following a Florida DUI Conviction?
Under Florida’s drunk driving laws, any DUI conviction will lead to the suspension of a defendant’s driver’s license. Indeed, even if a person is charged but never criminally convicted of DUI, they can still face an administrative license suspension of 6 months. This also applies to “implied consent” cases where a driver is lawfully… Read More »
Orange County Jury Convicts Driver in DUI Accident Case
Driving under the influence (DUI) is a serious matter in Florida. Even a first offense carries the potential for 6 months in jail and a fine of between $500 and $1,000. Of course, those maximums can quickly escalate if a defendant has any prior drunk driving convictions–even outside of Florida–or there is another aggravating… Read More »
